(A) No person shall cause or allow any discharge into the municipal separate storm sewer system in violation of the city's NPDES permit, the Clean Water Act and/or this article.
(B) No person shall construct or maintain any property, residence or business not in compliance with the standards of this article and/or the Clean Water Act.
(C) Authorized representatives of the city bearing proper credentials and identification shall be permitted, after reasonable notice, to enter upon all properties in the municipal watershed for the purposes of inspection, observation, measurement, sampling and testing in accordance with this article.
(D) No person or firm shall fail to provide any report or other information or perform any duty required by this article.
(E) The Utility is authorized to issue notices of violations, orders and citations, and to impose civil penalties provided in this article.
(F) Notice of a violation of this article shall be served upon the alleged violator by personal service or by certified mail, return receipt requested. The notice shall state the nature of the violation, the potential penalty, the action required to correct the violation, and a time limit for making the correction.
(G) If, after the required notice, a person refuses to comply with this article within the time limit included in the notice, the Utility may cause the work to be done to obtain compliance and shall charge the cost of that work to the person responsible for the violation. The responsible person shall pay in full the charged amount within 30 days of the invoice date, or otherwise make arrangements acceptable to the Utility, for full payment of the invoiced amount. If full payment is not received within 30 days of the invoice date, the Utility may institute a civil action in a court of competent jurisdiction to recover the invoiced costs and associated attorney's fees, court costs and other expenses.
(H) (1) A civil penalty up to the maximum permitted by the Constitution and laws of the state of not less than $50 or more than $5,000 per day for each violation may be assessed by the Utility against any person or firm who has violated or continues to violate any section of this article or any of the following:
(a) Failing to comply with a valid order issued under this article; and/or
(b) Failing to allow entry, inspection or monitoring; and/or
(c) Violation of reporting requirements or falsification of reports.
(2) In determining the amount of the assessment, the Utility shall consider all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration of the violation, the compliance history of the violator, the economic benefit gained by the violator as a result of the violation, the cost to the city as a result of the violation, and any other relevant factor.
(I) The Utility may recover from a violator reasonable attorney's fees, court costs and other expenses associated with the enforcement of this article, as well as the cost of actual damages incurred by the city.
(J) Civil penalties assessed hereunder are intended to protect the public health, safety and welfare by protecting the waters of the state from contamination. If a person or entity fails or refuses to remedy a violation, a penalty pursuant to this article may be assessed per diem until the violation is corrected or remedied.
(K) The Utility is authorized to take all steps necessary to immediately and without prior notice halt any discharge of pollutants which reasonably appear to present an imminent danger to the health or welfare of persons or to the environment of the watershed. A person or entity causing such discharge shall immediately eliminate the violation. If such person or entity fails to immediately eliminate the violation, the Utility may take all steps necessary to eliminate the discharge.
(L) Any person against whom an assessment or order has been issued may secure a review of the assessment or order by filing with the Utility a written petition setting forth the grounds and reasons for the objection(s) and asking for a hearing before the City Council. If a written petition is not filed within 30 days after the date the assessment or order is served, the violator shall be deemed to have consented to the assessment or order and it shall become final.
(M) Within ten days of receipt of a request for an appeal of an assessment or action of the Utility, the Utility shall issue a report and recommendation to the City Council regarding the appeal, and provide the appellant a copy of the report. Within 30 days of a filed appeal of an assessment or action, the City Council shall conduct an administrative hearing regarding the alleged violation and resulting assessment. At said hearing, the City Council may hear additional evidence and may revoke, affirm or modify the appealed assessment.
(N) An assessment and ancillary costs, unpaid after 30 days following issue by the Utility and hot otherwise timely appealed, shall be grounds for termination of water service. In the alternative, and at the discretion of the Utility, the Utility may apply to a court of competent jurisdiction for a judgment and seek execution of the judgment, and the court in such proceedings shall treat the failure to appeal the assessment as a confession of judgment in the amount of the assessment.
(O) (1) When the Utility finds that a person or entity has violated or continues to violate any section of this article, the Utility may petition a court of competent jurisdiction for the issuance of a permanent or temporary injunction, as appropriate, which restrains or compels specific compliance with this article and/or an order issued by the Utility. The Utility may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement that the person or entity conduct an environmental remediation. A petition for injunctive relief shall not be a bar against or a prerequisite for taking any other action against the person or entity.
(2) In addition to the other enforcement powers and remedies established by this article, the Utility has the authority to utilize any of the remedies or sanctions authorized by West Virginia law and this Code that, in its judgment, will effectively protect the city watershed and comply with federal and state laws and regulations.
(Ord. 1743, passed 3-11-13)
Statutory reference:
Municipal public works, see W. V. Code §§ 8-16-5
Sewage works and stormwater works, see W. V. Code § 16-13-2, 16-13-22